Indiana § 25-1-9.5-8 Issuance of prescription; controlled substance conditions

Indiana Statutes

§ 25-1-9.5-8 — Issuance of prescription; controlled substance conditions

Indiana § 25-1-9.5-8

Title 25PROFESSIONS AND OCCUPATIONS

Art. 1GENERAL PROVISIONS

Ch. 9.5Telehealth Services and Prescriptions

This text of Indiana § 25-1-9.5-8 (Issuance of prescription; controlled substance conditions) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 25-1-9.5-8 (2026).

Text

(a)A prescriber may issue a prescription to a patient who is receiving services through the use of telehealth if the patient has not been examined previously by the prescriber in person if the following conditions are met:

(1)The prescriber has satisfied the applicable standard of care in the treatment of the patient.

(2)The issuance of the prescription by the prescriber is within the prescriber's scope of practice and certification.

(3)The prescription:

(A)meets the requirements of subsection (b); and

(B)is not for an opioid. However, an opioid may be prescribed if the opioid:

(i)has been approved by the federal Food and Drug Administration for the treatment of opioid addiction; and

(ii)is used to treat or manage opioid dependence.

(4)The prescription is not for an abortion induc

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(a) A prescriber may issue a prescription to a
patient who is receiving services through the use of telehealth if the
patient has not been examined previously by the prescriber in person
if the following conditions are met:
(1) The prescriber has satisfied the applicable standard of care in
the treatment of the patient.
(2) The issuance of the prescription by the prescriber is within the
prescriber's scope of practice and certification.
(3) The prescription:
(A) meets the requirements of subsection (b); and
(B) is not for an opioid. However, an opioid may be prescribed
if the opioid:
(i) has been approved by the federal Food and Drug
Administration for the treatment of opioid addiction; and
(ii) is used to treat or manage opioid dependence.
(4) The prescription is not for an abortion inducing drug (as
defined in IC 16-18-2-1.6).
(5) If the prescription is for a medical device, including an
ophthalmic device, the prescriber must use telehealth technology
that is sufficient to allow the provider to make an informed
diagnosis and treatment plan that includes the medical device
being prescribed. However, a prescription for an ophthalmic
device is also subject to the conditions in section 13 of this
chapter.
(b) Except as provided in subsection (a), a prescriber may issue a
prescription for a controlled substance (as defined in IC 35-48-1.1-7)
to a patient who is receiving services through the use of telehealth,
even if the patient has not been examined previously by the prescriber
in person, if the following conditions are met:
(1) The prescriber maintains a valid controlled substance
registration under IC 35-48-3.
(2) The prescriber meets the conditions set forth in 21 U.S.C. 829
et seq., 21 CFR 1300, 1304, and 1306, and any other regulation
enforced by the federal Drug Enforcement Agency.
(3) A practitioner acting in the usual course of the practitioner's
professional practices issues the prescription for a legitimate
medical purpose.
(4) The telehealth communication is conducted using an
audiovisual, real time, two-way interactive communication
system.
(5) The prescriber complies with the requirements of the
INSPECT program (IC 25-26-24).
(6) All other applicable federal and state laws are followed.
(c) A prescription for a controlled substance under this section must
be prescribed and dispensed in accordance with IC 25-1-9.3 and IC 25-26-24.

Legislative History

As added by P.L.78-2016, SEC.2. Amended by P.L.150-2017, SEC.7; P.L.51-2019, SEC.3; P.L.28-2019, SEC.10; P.L.211-2019, SEC.34; P.L.52-2020, SEC.4; P.L.85-2021, SEC.18; P.L.143-2025, SEC.44; P.L.186-2025, SEC.137.